Common use of Amendment to Material Documents Clause in Contracts

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries to, amend, modify or waive any of its rights under its certificate of incorporation, bylaws or other organizational documents in any manner that would have a materially adverse effect on the Lenders, the Administrative Agent, the Issuing Bank, the Borrower or any of its Subsidiaries. The Borrower will not, and will not permit any of its Subsidiaries to, amend, modify or waive any of its rights under the 2013 Convertible Notes Indenture, the 2013 Convertible Notes or the documents governing or evidencing the 2013 Convertible Notes Call Spread Transaction if the effect of such amendment, modification or waiver is to (i) increase the interest rate on such 2013 Convertible Notes or change (to earlier dates) the dates upon which principal and interest are due thereon; (ii) alter the redemption, conversion or prepayment provisions thereof in a manner adverse to the Administrative Agent or the Lenders (other than any supplemental indenture to reflect a successor issuer or obligor in respect of the 2013 Convertible Notes to the extent required under the 2013 Convertible Notes Indenture in connection with any consolidation, merger, combination, share exchange, or sale, conveyance, transfer or lease of all or substantially all of the properties and assets of the Borrower, provided that nothing contained in this parenthetical shall be deemed to constitute consent or approval to any such merger of consolidation not otherwise permitted hereunder); (iii) alter the covenants and events of default in a manner that would make such provisions more onerous or restrictive to the Borrower or any such Subsidiary; or (iv) otherwise increase the obligations of the Borrower or any Subsidiary in respect thereof or confer additional rights upon the holders thereof that individually or in the aggregate would be materially adverse to the Borrower or any of its Subsidiaries or to the Administrative Agent or the Lenders.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries to, amendAmend, modify or waive any of its rights in a manner materially adverse to the Lenders or any Loan Party under (a) its certificate of incorporationOrganization Documents, bylaws or other organizational documents (b) any Material Agreements, except in any manner (x) that would not have a materially material and adverse effect on the Lenders, the Administrative Agent, the Issuing Bank, the Borrower or any of its Subsidiaries. The Borrower will not, and will not permit Subsidiaries or (y) as permitted pursuant to or reasonably necessary to effect a Permitted Refinancing thereof or (c) any of its Subsidiaries to, amend, modify or waive any of its rights under the 2013 Convertible Notes Indenture, the 2013 Convertible Notes or the documents documentation governing or evidencing the 2013 Convertible Notes Call Spread Transaction Permitted Subordinated Indebtedness if the effect of such amendment, modification or waiver thereof is to (i) increase the interest rate on such 2013 Convertible Notes or change (to earlier dates) the dates upon which principal and interest are due thereon; , (ii) alter change the redemptiondue dates for principal or interest, conversion other than to extend such dates, (iii) modify any default or event of default, other than to delete it or make it less restrictive, (iv) add any covenant with respect thereto, (v) modify any subordination provision, (vi) modify any redemption or prepayment provisions provision, other than to extend the dates therefor or to reduce the premiums payable in connection therewith or (vii) materially increase any obligation of any Loan Party or any Subsidiary thereof or confer additional material rights to the holder of such Permitted Subordinated Indebtedness in a manner adverse to any Loan Party or Subsidiary thereto or any holder of the Administrative Agent Obligations, except for any waiver, amendment or the Lenders modification that will not take effect until after all Obligations (other than any supplemental indenture to reflect a successor issuer or obligor contingent indemnification obligations for which no claim has been made) shall have been paid in respect of the 2013 Convertible Notes to the extent required under the 2013 Convertible Notes Indenture in connection with any consolidation, merger, combination, share exchange, or sale, conveyance, transfer or lease of full and all or substantially all of the properties and assets of the Borrower, provided that nothing contained in this parenthetical shall be deemed to constitute consent or approval to any such merger of consolidation not otherwise permitted hereunder); (iii) alter the covenants and events of default in a manner that would make such provisions more onerous or restrictive to the Borrower or any such Subsidiary; or (iv) otherwise increase the obligations of the Borrower or any Subsidiary in respect thereof or confer additional rights upon the holders thereof that individually or in the aggregate would be materially adverse to the Borrower or any of its Subsidiaries or to the Administrative Agent or the Lenderscommitments therefor have been terminated.